Safe Protesting Guidelines and Tips according to UK Law 

We understand that given the current humanitarian crisis in Palestine and Israel, some of our students will be involved in numerous forms of activism, from physical protests, sharing information online and writing to party leaders. 

When taking to the streets to protest or sharing information online, it’s important to be aware of UK Law and guidelines. 

We’ve put together some helpful tips to activism and guidelines for protesting. Please note that this serves as a summary and is not exhaustive. For further information please visit - https://www.libertyhumanrights.org.uk/advice_information/right-to-protest/ 

Protest is a human right protected in the UK by Article 11 of the Human Rights Act, and it is protected under international law. However, it’s important to stay up to date with changes to legislation and guidelines. 

This information is correct as of Friday 20th October 2023. Please do further research and stay up to date with any updates regarding protest law in the UK. 

Tips - 

• Let someone know that you will be attending a protest and try to attend with another person or group if possible 
• Keep a copy of emergency phone numbers and any medical information that someone may need to know.
• Don’t take pictures/videos of other protestors faces 
• Wear non-distinctive, comfortable clothing and shoes
• Try and cover your face and any other distinguishable marks/tattoos you may have 
• Switch off Face ID and Fingerprint ID on your mobile phone 
• Take water and snacks with you 
• Keep each other safe 
• Keep a copy of a bust card - a link to cards in multiple languages can be found at the bottom of the page
• Don’t cause harm or distress to other protesters and members of the public

Guidelines and Relevant Law - 

• The Terrorism Act criminalises a person if in a public place, you are wearing clothing or displaying something in such a way as to arouses reasonable suspicion that you are a member or supporter of a proscribed organisation. Under current consideration, waving of the Palestinian flag may be criminalised as suggested by the Home Secretary in a letter to the police. - As it stands your rights have not been changed by the Home Secretary - waving a Palestinian flag does not, in itself, constitute a terrorism or public order offence.

• The police do not have the power to ban protests under Section 12 Public Order Act (POA)

• The police have frequently used protests as an opportunity for immigration enforcement. You have no legal obligation to disclose your nationality or immigration status to the police, even if you are arrested.

• The police have an obligation to facilitate protests, but can also lawfully restrict them under certain conditions. The most senior officer on the ground can impose any conditions they think are necessary, such as location, duration, size, but only if they reasonably believe that the protest may result in serious public disorder, serious damage to property, serious disruption to the life of the community, serious noise disruption or if the purpose is intimidation of others. - If the police decide to impose any conditions during the protest, these should be communicated to the organiser(s) by the most senior police officer on the ground.

• A person who commits an offence under Section 5 POA which is ‘racially or religiously aggravated‘ may be imprisoned for up to two years. Under Section 5, it is also an offence to use threatening or abusive words or behaviour, or disorderly behaviour’ (to members of the public or the police) and displaying (e.g. on a placard) any writing, sign or other visible representation which is threatening or abusive and within sight or hearing of someone who is ‘likely to be caused harassment, alarm or distress.

• Under Section 60AA of the Criminal Justice and Public Order Act 1994, a police officer of the rank of inspector or above can authorise (in a specific area for up to 24 hours) any uniformed police officer to r​equire you to remove any item they reasonably believe you are wearing wholly or mainly to conceal your identity; and seize that item. To give an authorisation, the senior police officer must reasonably believe that activities may take place in their police area that are likely to involve offences being committed; and an authorisation is ‘expedient‘, to prevent or control these activities - The authorisation must be in writing, be signed by the senior officer; and specify the grounds, area and time period.

• If you are stopped and questioned by the police, or they talk to you at a protest, you have the right NOT to respond, unless you are engaging in “anti-social” behaviour (causing, or likely to cause “harassment, alarm or distress”). You shouldn’t provide false information to the police, as this is a criminal offence. You can’t be searched or arrested just because you lawfully refused to answer police questions. Refusing to answer police questions is not, in itself, a lawful basis for the police to then carry out a stop & search. 

• If you are subject to a Stop & Search, the police have the right to search your clothing and any items you may be carrying on reasonable grounds. These searches are not voluntary. That means that the police can stop and search you even if you don’t want them to. Unless the police  have information which provides a description of someone carrying an illegal item, the reasonable grounds cannot be based on your physical appearance, being part of a category of people or generalisations or stereotypes. In some cases, the police can stop you because of your behaviour or because of where you are at a certain time. You have the right to know the grounds for your search. 

• Section 60 of the Criminal Justice and Public Order Act 1994 allows a police officer to stop and search a person without reasonable suspicion. To authorise Section 60 ‘stop and searches’, the senior police officer must reasonably believe that: incidents involving serious violence may take place in the officer’s area – and authorisation will help to prevent them, or an incident involving serious violence has taken place in the officer’s area and that a weapon used in the incident is being carried in the area – and authorisation will help to find the weapon, or people are carrying weapons in the officer’s area without good reason.

• Your rights if you are Stopped & Searched 

G: Grounds for suspicion. For suspicion-based searches, the police must clearly explain the basis for their reasonable suspicion.

O: Object of the search. The police must clearly explain what they are looking for.

W: Warrant card. The police must show you this if you ask for it, or if they aren’t wearing a uniform.

I: Identity of the police officer or officers. The police officers involved in stopping and searching you must give you their name and shoulder number.

S: Station. The police must tell you which police station they work at.

E: Entitlement to a search record. The police must provide you with a copy of the search record or, if this is not practicable, provide information on how you can get a copy.

L: Legal power used. The police must tell you what legal power they are using to stop and search you.

Y: ‘You are detained for the purposes of a search’. The police must tell you this. ‘Detained’ means you are not free to leave until they tell you.

• If the police stop and search you, they must tell you that you have the right to a copy of any record of the search. You can get the record if you ask within 3 months of the search.

• Your right to protest is a protected by the Human Rights Act and can only be lawfully restricted by the police for certain specified purposes (such as preventing crime or disorder) and in a way that is proportionate. 

• What should you do if you are arrested? 

Before arresting you the police should explain that you’re being arrested and why. If you’re arrested, say “NO COMMENT” to all questions and do NOT accept a caution until you have legal advice. Seek advice from a solicitor with expertise in protest law. You have the right to: 

• Tell someone about your arrest
• Access an interpreter if English isn’t your first language
• Notify an appropriate adult if you’re under 18 or a vulnerable person 

You are NOT legally required to share your nationality or immigration status when arrested, although police may check this if they suspect you are not a British citizen. 

• If you are arrested, the police must tell you that you are being arrested; and why they are arresting you. If they do not give you this information as soon as is practicable, the arrest is unlawful.

• Section 12 of Terrorism Act 2000 criminalises people who ‘invite support’, other than fund-raising for ‘proscribed organisations’. Hamas has been designated as a proscribed organisation under UK law. You will be committing an offence under Section 12 if you express an opinion or belief that is supportive of a proscribed organisation. This includes support during a physical protest and online. 

• You are allowed to film and take pictures of the police (e.g. when observing or intervening in a stop & search or arrest or interactions with the police generally). The police have no power to stop you (except in very specific circumstances), but they may try to prevent you through misinformation, abuse of power or intimidation. The police can only lawfully stop you filming them if your footage/photos are “likely to be useful to a person committing or preparing an act of terrorism.”

Useful Links 

You can find more information about the police’s power to arrest you here 

You can find information about your rights if arrested at a protest here 

You can find more infromation about your rights to protest here

Practical Tips for Disabled Protestors -

More information regarding Stop & Search can be found here and here

Bust Cards in multiple languages